If the old company owes social insurance money, can I still enjoy maternity benefits?

Ms. Anh's company owes social insurance (SI) to its employees from June 2022 until now, which affects the rights of employees. Ms. Anh is planning to have a baby so she wants to quit her job to find a new one.

Ms. Anh wondered: "If I now report my resignation and apply for a job at a new company, continue to participate in social insurance at the next company, and after 12 months of participation, if I get pregnant, will I be entitled to maternity insurance? If I am entitled to maternity insurance, do I need to provide any additional documents or papers at the old company?"

Maternity leave provides great support for female workers during childbirth (Illustration: Son Nguyen).

According to Vietnam Social Security, the conditions for enjoying maternity benefits are stipulated in Clause 2 and Clause 3, Article 31 of the Law on Social Insurance 2014.

Based on the above regulations, female employees giving birth must pay social insurance for at least 6 months within 12 months before giving birth to be eligible for maternity benefits.

In case of having paid social insurance for 12 months or more but having to take leave from work to rest during pregnancy as prescribed by a competent medical examination and treatment facility, the social insurance must be paid for 3 months or more within 12 months before giving birth.

According to Vietnam Social Security, if Ms. Anh participates in social insurance at the new company, if she meets the conditions for maternity benefits as prescribed above, the company will prepare a request for maternity benefits. When the application is submitted, the Social Security agency will review and resolve it.

In case Ms. Anh has paid social insurance at her new company for less than 6 months in the 12 months before giving birth, she can request her old company to pay enough social insurance for the period of social insurance debt. Then, the social insurance agency will add it to the time of social insurance payment at the new company to settle the maternity regime for Ms. Anh.

Regarding maternity benefits for female employees giving birth, Vietnam Social Security said it is regulated in detail in Clause 1, Article 101 of the 2014 Law on Social Insurance.

Maternity benefits for female employees giving birth include 4 items: Pay for prenatal check-ups, one-time allowance upon childbirth, maternity pay during childbirth, and post-natal care.

Source: https://dantri.com.vn/an-sinh/cong-ty-cu-no-tien-bhxh-thi-co-duoc-huong-che-do-thai-san-khong-20240917143422864.htm